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B-294267 1 (2004-10-08)

handle is hein.gao/gaobacyva0001 and id is 1 raw text is: 


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         G    A    0Comptroller General
 ..  ..Accountability * Integrity Reliability                      of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Information Ventures, Inc.

         File:       B-294267

         Date:       October 8, 2004

         Bruce H. Kleinstein for the protester.
         James L. Weiner, Esq., Department of Interior, and John W. Klein, Esq., and Laura
         Mann  Eyester, Esq., Small Business Administration., for the agencies.
         Charles W. Morrow, Esq., and David A. Ashen, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging agency determination not to set aside procurement for small
         business concerns is sustained where the decision was based on an unreasonably
         limited search of the potential small business market, and the contracting officer did
         not consider the responses of several small businesses to the presolicitation notice
         in making her determination.
         DECISION

         Information Ventures, Inc. protests the decision of the Department of the Interior,
         Minerals Management Service (MMS), to issue request for proposals (RFP)
         No. 35164, for assessing various health education methods, on an unrestricted basis.
         Information Ventures, a small business, contends that the requirement should be set
         aside for small business concerns.

         We  sustain the protest.

         On May 28, 2004, MMS published a presolicitation notice on the Federal Business
         Opportunities website (www.fedbizopps.gov), in which it announced its intent to
         procure, on behalf of the Department of Health and Human Services, Office of
         Disease Prevention and Health Promotion (ODPHP), and on an unrestricted basis
         pursuant to Federal Acquisition Regulation (FAR) subpart 13.5, Test Program for
         Certain Commercial Items, a report that draw[s] national attention to innovative
         health education methods and the commonalities of successful programs; and to

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